If you own or lease the land where there are parking spaces then you have the right to display the terms and conditions to anyone parking on your land. The warning signs that we will supply to you clearly state ‘Authorised Vehicles Only’. They will also state ‘By entering or remaining on this land you agree to abide by all of the terms and conditions. Breach of any term or condition will result in the driver being liable for a parking charge of £100’ If a motorist parks on your land and you have displayed our warning signs correctly, the driver is entering into a contract with you. If they break your parking rules they are ‘in breach of your contract’ and are liable to pay a Parking Charge Notice (PCN)
PCNs are issued under the terms and conditions set out on the signs which must displayed in clear and prominent places. If a motorist cannot read the signs then legally they have not entered into a contract and the PCN is not enforceable.
The PCN is not a ‘parking fine’, it is an invoice for a claim of breach of contract. To make the claim, the landowner or parking enforcement company, e.g. notinmyparkingspace, can seek the identity of the driver from the DVLA to issue a PCN in the post and, if required, be able to prove in court that they had a valid contract with the driver. The PCN is sent to the registered owner of the vehicle, if the owner of the vehicle was not driving, then the have to name the person who was.
Since 2012, motorist can appeal PCNs to a third party ombudsman when an appeal has been turned down by the parking enforcement company.
The British Parking Association (BPA) is an accredited trade association which exists to regulate the car park control industry. Notinmyparkingspace.com is a trading name of StarTraq Ltd which is a member of the BPA. This means motorists who park on land monitored by StarTraq Ltd have the right to appeal and StarTraq Ltd have the right to chase the PCN payment.
For more details please refer to the relevant section of the BPA Code of practice, sections 15 – 15.1 and 15.2.